Central Civil Services (Classification, Control and Appeal) Amendment Rules, 2022

Central Civil Services (Classification, Control and Appeal) Amendment Rules, 2022 – Proviso regarding review of Suspension: DOPT Notification dated 19.10.2022

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training)
New Delhi, the 19th October, 2022

G.S.R. 156.—In exercise of the powers conferred by proviso to article 309 and clause (5) of article 148 of the Constitution, and after consultation with the Comptroller and Auditor General of India in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Classification, Control and Appeal) Rules, 1965, namely: —

1. Short title and commencement: — (1) These rules may be called the Central Civil Services (Classification, Control and Appeal) Amendment Rules, 2022.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Central Civil Services (Classification, Control and Appeal) Rules, 1965, in rule 10, in sub-rule (7), for the proviso, the following provisos shall be substituted, namely: —

“Provided that no such review of suspension shall be necessary in the case of deemed suspension under sub-rule (2), if the Government servant continues to be under detention and in such case the ninety days’ period shall be computed from the date the Government servant detained in custody is released from detention or the date on which the fact of his release from detention is intimated to his appointing authority, whichever is later:

Provided further that in a case where no charge sheet is issued under these rules, the total period under suspension or deemed suspension, as the case may be, including any extended period in terms of sub-rule (6) shall not exceed,—

(a) two hundred seventy days from the date of order of suspension, if the Government servant is placed under suspension in terms of clause (a) of sub-rule (1); or

(b) two years from the date of order of suspension, if the Government servant is placed under suspension in terms of clause (aa) or clause (b) of sub-rule (1) as the case may be; or

(c) two years from the date the Government servant detained in custody is released or the date on which the fact of his release from detention is intimated to his appointing authority, whichever is later, in the case of deemed suspension under sub-rule (2).”.

[F. No. 11012/04/2016-Estt.A-III ]
MANOJ KUMAR DWIVEDI, Jt. Secy.

Note: The principal rules were published in the Gazette of India vide notification number S.O. 3703, dated the 20th November, 1965 and last amended vide notification number G.S.R. 125 (E) dated the 18th February, 2021 published in the Gazette of India.

Source: DOPT